Bill Text: WV SB1003 | 2017 | 1st Special Session | Introduced
Bill Title: Relating generally to WV Parkways Authority
Spectrum: Bipartisan Bill
Status: (Passed) 2017-07-20 - Chapter 5, Acts, 1st Extraordinary Session, 2017 [SB1003 Detail]
Download: West_Virginia-2017-SB1003-Introduced.html
WEST virginia Legislature
2017 FIRST extraordinary session
Introduced
Senate Bill 1003
By Senators Carmichael (Mr. President) and Prezioso
[By Request of the Executive]
[Introduced May 4, 2017]
A BILL to repeal §17-16A-18a, §17-16A-23 and §17-16A-30 of the Code of West Virginia, 1931, as amended; to amend and reenact §17-16A-1, §17-16A-5, §17-16A-6, §17-16A-10, § 17-16A-11, §17-16A-13, §17-16A-13a, §17-16A-18, §17-16A-21, §17-16A-22 and §17-16A-29 of said code; to amend said code by adding thereto a new section, designated §17-16A-11a; to amend and reenact §17-16D-3 of said code; to amend said code by adding thereto a new section, designated §17A-2-25; to amend and reenact §17A-3-7 of said code; and to amend said code by adding thereto a new section, designated §17A-10-17, all relating generally to the West Virginia Parkways Authority; defining terms; adding the power of the authority to study, investigate and evaluate, and, if feasible, develop and implement a single fee program, including promulgate rules; adding the power of the authority to impose in connection with any single fee program a flat fee in connection with any or all certificates of passenger motor vehicle registration and renewal thereof by the Division of Motor Vehicles; adding the power of the authority to enter into reciprocal toll enforcement agreements; creating and designating a special revenue account within the State Road Fund known as the State Road Construction Account; authorizing the deposit of proceeds of parkway revenue bonds to the State Road Construction Account; requiring that priority consideration be given to construction, maintenance and repair of public highways and bridges in certain counties within the state when determining expenditures from the State Road Construction Account; creating and designating a special revenue account within the State Treasury known as the West Virginia Parkways Authority Single Fee Program Fund; clarifying notice and public meeting requirements and procedures; clarifying the power of the Parkways Authority to fix rates or tolls for Corridor L toll collection facility; expanding the authority of the Parkways Authority to issue revenue bonds or refunding revenue bonds for parkways’ projects and for the West Virginia Turnpike; eliminating approval by county commissions and establishment by Governor of local committees prior to approval of any parkway project; authorizing electronic toll collection and enforcement of tolls on roads, highways and bridges; adding the power of the Division of Motor Vehicles to act as collection agent for the authority under any single fee program; expanding the grounds for refusing to register a motor vehicle; ability to charge a fee for the single fee program; and creating a misdemeanor offense.
Be it enacted by the Legislature of West Virginia:
That §17-16A-18a, §17-16A-23 and §17-16A-30 of the Code of West Virginia, 1931, as amended, be repealed; that §17-16A-1, §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-13, §17-16A-13a, §17-16A-18, §17-16A-21, §17-16A-22 and §17-16A-29 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §17-16A-11a; that §17-16D-3 of said code be amended and reenacted; that said code be amended by adding thereto a new section, designated §17A-2-25; that §17A-3-7 of said code be amended and reenacted; and that said code be amended by adding thereto a new section, designated §17A-10-17, all to read as follows:
CHAPTER 17. ROADS AND HIGHWAYS.
ARTICLE 16A. WEST VIRGINIA PARKWAYS AUTHORITY.
§17-16A-1. Constructing, operating, financing, etc., parkway, economic development and tourism projects.
In order to remove the
present handicaps and hazards on the congested highways and roads in the State
of West Virginia, to facilitate vehicular traffic throughout the state, to
promote and enhance the tourism industry and to develop and improve tourist
facilities and attractions in the state, to promote the agricultural, economic
and industrial development of the state and to provide for the construction of
modern express highways, including center divisions, ample shoulder widths,
long-sight distances, the bypassing of cities, multiple lanes in each direction
and grade separations at all intersections with other highways and railroads,
to provide for the development, construction, improvement and enhancement of
state parks, tourist facilities and attractions and to provide for the
improvement and enhancement of state parks presently existing, the West
Virginia Parkways, Economic Development and Tourism Authority (hereinafter
created and subsequently renamed the West Virginia Parkways Authority),
is hereby authorized and empowered to construct, reconstruct, improve,
maintain, repair, and operate and finance parkway projects,
economic development projects and tourism projects (as those terms are
hereinafter defined in section five of this article) at such locations as shall
be approved by the state Department of Transportation.
§17-16A-5. Definitions.
As used in this article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
(a) “Cost” means the cost of construction, reconstruction, maintenance, improvement, repair and operation of the project, the cost of the acquisition of all land, rights-of-way, property, rights, easements and interests acquired by the Parkways Authority or the Department of Transportation for such construction, reconstruction, maintenance, improvement and repair, the cost of all machinery, equipment, material and labor which are deemed essential thereto, the cost of improvements, the cost of financing charges, interest prior to and during construction and for one year after completion of construction, the cost of traffic estimates and of engineering, consultant, accounting, architects’, trustees’ and legal fees and expenses, plans, specifications, surveys, estimates of cost and of revenues, other costs and expenses necessary or incident to determining the feasibility or practicability of constructing any such project, administrative expenses and such other costs and expenses as may be necessary or incident to the construction of the project, the financing of such construction and the placing of the project in operation or to the operation of the project. Any obligation or expense hereafter incurred by the Department of Transportation with the approval of the Parkways Authority, regardless of whether the approval was authorized before or after the obligation or expense was incurred, for traffic surveys, borings, preparation of plans and specifications, and other engineering and consulting services in connection with the construction of a parkway project shall be regarded as a part of the cost of such project and may be reimbursed to the state out of the proceeds of parkway revenue bonds or revenue refunding bonds hereinafter authorized.
(b) “Department of Transportation” means the West Virginia Department of Transportation and each of its respective divisions and subordinate agencies, including, without limitation, the Division of Highways.
(c) “Economic development project” means any land or water site, structure, facility or equipment which the Parkways Authority may acquire, create, develop, construct, reconstruct, improve or repair, or previously may have acquired, created, developed, constructed, reconstructed, improved or repaired under the provisions of this article to promote the agricultural, economic or industrial development of the state, together with all property rights, easements and interests which may be acquired by the Parkways Authority for the development, construction or operation of such project.
(d) “Expressway” means any road serving major intrastate and interstate travel, including federal interstate routes.
(e) “Feeder roads” means any road serving community to community travel or collects and feeds traffic to an expressway or turnpike.
(f) “Local service road” means any local arterialized and spur roads which provide land access and socioeconomic benefits to abutting properties.
(g) “Owner” means all individuals, co-partnerships, associations or corporations having any title or interest in any property, rights, easements and interests authorized to be acquired by this article.
(h) “Park and forest roads” means any road serving travel within state parks, state forests and public hunting and fishing areas.
(i) “Parkways Authority” or “authority” means the West Virginia Parkways Authority, or if the Parkways Authority is abolished, the board, body, commission or authority succeeding to the principal functions thereof or to whom the powers given by this article to the Parkways Authority shall be given by law.
(j) “Parkway project” means any expressway, turnpike,
bridge, tunnel, trunk line, feeder road, state local service road or park and
forest road, or any portion or portions of any expressway, turnpike, trunk line,
feeder road, state local service road or park and forest road, whether
contiguous or noncontiguous to the West Virginia Turnpike or to any such
portion or portions thereof, which the Parkways Authority or the
Department of Transportation may acquire, construct, reconstruct, maintain,
operate, improve, or repair or finance under the provisions of
this article, which shall include for all purposes of this article, any
acquisition, construction, reconstruction, maintenance, operation, improvement,
or repair or financing that the authority may undertake by
agreement with the Department of Transportation, or any expressway, turnpike or
other road constructed by the West Virginia Turnpike Commission pursuant to the
authority granted to it under the laws of this state prior to June 1, 1989, and
shall embrace all bridges, tunnels, overpasses, underpasses, interchanges,
entrance plazas, approaches, toll houses, service stations and administration,
storage and other buildings, which the Parkways Authority or the Department
of Transportation may deem necessary for the operation of the a
parkway project, or which is used in the operation of a parkway project, constructed
prior to June 1, 1989 together with all property, rights, easements and
interests which may be acquired by the Parkways Authority or the Department
of Transportation for the construction or the operation of the a
parkway project or which were acquired in connection with or are used in the
operation of a the turnpike or any other existing parkway
project. constructed prior to June 1, 1989 A parkway project shall
also include any enhancements or improvements to the turnpike or any parkway
project, including, without limitation, projects involving lane widening,
resurfacing, surface replacement, bridge replacement, bridge improvements and
enhancements, other bridge work, drainage system improvements and enhancements,
drainage system replacements, safety improvements and enhancements, and traffic
flow improvements and enhancements, which have been recommended by the authority’s
or the Department of Transportation’s consulting engineers or traffic
engineers, or both.
(k) “Project” or “projects” means a parkway project, economic development project or tourism project, or any combination thereof.
(l) “State Road Fund” means the State Road Fund created in article three, chapter seventeen of this code.
(l) (m)
“Transportation secretary” means the Secretary of the Department of
Transportation.
(n) “Toll revenues” means any amount received by the Parkways Authority from any source as a fee for the right of transit over the West Virginia Turnpike or any other parkway project and any fees paid by owners of registered motor vehicles in the state or any other state pursuant to section seventeen, article ten, chapter seventeen-a of this code and includes, but is not limited to, any appropriations by the Legislature, gifts, grants or contributions from any source, public or private, to finance transportation.
(m) (o)
“Tourism project” means:
(1) Any park or tourist facility and attraction which the Parkways Authority may create, develop, construct, reconstruct, improve, maintain or repair or may have previously created, developed, constructed, reconstructed, improved, maintained or repaired under the provisions of this article, and shall include all roads, interchanges, entrance plazas, approaches, service stations, administration, storage and any other buildings or service stations, structures which the Parkways Authority may deem necessary for the operation of the tourism project, together with all property rights, easements and interests which may be acquired by the Parkways Authority for the construction or operation of the tourism project; and
(2) The construction, reconstruction, improvement, maintenance and repair of any park or tourist facility and attraction owned by the state as of June 1, 1989.
(n) (p)
“Tourist facility and attraction” mean cabins, lodges, recreational facilities,
restaurants and other revenue producing facilities, any land or water site, and
any information center, visitors’ center or rest stop which the Parkways
Authority determines may improve, enhance or contribute to the development of
the tourism industry in the state.
(o) (q)
“Trunk line” means any road serving major city-to-city travel.
(p) (r)
“Turnpike” means the West Virginia Turnpike or any other toll road in the
state.
(q) (s)
“West Virginia Turnpike Commission” means the State Turnpike Commission
existing as of June 1, 1989.
(r) (t)
“West Virginia Turnpike” means the turnpike from Charleston to a point
approximately one mile south of the intersection of Interstate 77 and U. S.
Route 460 near Princeton in Mercer County, West Virginia, which road is
presently a part of the Federal Interstate Highway System.
§17-16A-6. Parkways Authority’s powers.
(a) The Parkways Authority is hereby authorized and empowered:
(1) To adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) To adopt an official seal and alter the same at pleasure;
(3) To maintain an office at such place or places within the state as it may designate;
(4) To sue and be sued in its own name, plead and be impleaded. Any and all actions against the Parkways Authority shall be brought only in the county in which the principal office of the Parkways Authority is located;
(5) To construct, reconstruct, improve, maintain,
repair, and operate or finance projects, at such locations within
the state or adjacent to the state pursuant to a reciprocal toll enforcement
agreement as may be determined by the Parkways Authority: subject to the
provisions of section thirty of this article Provided, That after
July 1, 2010, the Parkways Authority is prohibited from constructing new
tourism projects or new economic development projects, but this prohibition
shall not prevent the authority from entering into lease agreements,
development agreements or other agreements with private businesses or companies
allowing and providing for such private businesses or companies to acquire,
develop, construct and operate motels, lodging facilities or other businesses
and business facilities on land owned by the authority and located adjacent to
the Tamarack project and facilities at Exit 45 of the West Virginia Turnpike;
(6) To issue parkway revenue bonds of the State of
West Virginia, payable solely from toll revenues, for the purpose of
paying all or any part of the cost of any one or more parkway projects;
which costs may include, with respect to the West Virginia Turnpike, such funds
as are necessary to repay to the State of West Virginia all or any part of the
state funds used to upgrade the West Virginia Turnpike to federal interstate
standards
(7) To issue parkway revenue refunding bonds of the State of West Virginia, payable solely from toll revenues, for any one or more of the following purposes:
(A) Refunding any bonds which shall have been issued under the provisions of this article or any predecessor thereof; and
(B) Repaying to the state all or any part of the state funds used to upgrade the West Virginia Turnpike to federal interstate standards;
(8) To charge, fix and revise, from time to time, tolls or fees for transit over each parkway project constructed or improved or financed by it, by the Department of Transportation or by the West Virginia Turnpike Commission;
(9) To fix and revise, rents, fees or other charges, of whatever kind or character, for the use of each tourism project or economic development project constructed by it or for the use of any building, structure or facility constructed by it or financed in connection with a parkway project;
(10) To acquire, hold, lease and dispose of real and personal property in the exercise of its powers and the performance of its duties under this article;
(11) To acquire in the name of the state by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the right of condemnation in the manner hereinafter provided, such public or private lands, including public parks, playgrounds or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements and interests, as it may deem necessary for carrying out the provisions of this article. No compensation shall be paid for public lands, playgrounds, parks, parkways or reservations so taken, and all public property damaged in carrying out the powers granted by this article shall be restored or repaired and placed in its original condition as nearly as practicable;
(12) To designate the locations and establish, limit and control such points of ingress to and egress from each project as may be necessary or desirable in the judgment of the Parkways Authority to ensure the proper operation and maintenance of such project and to prohibit entrance to such project from any point or points not so designated;
(13) To make and enter into all contracts and
agreements necessary or incidental to the performance of its duties and the
execution of its powers under this article, and to employ consulting engineers,
attorneys, accountants, architects, construction and financial experts,
trustees, superintendents, managers and such other employees and agents as may
be necessary in its judgment, and to fix their compensation. All such expenses
shall be payable solely from the proceeds of parkway revenue bonds or parkway
revenue refunding bonds issued under the provisions of this article or from
tolls or from toll revenues;
(14) To make and enter into all contracts, agreements or other arrangements with any agency, department, division, board, bureau, commission, authority or other governmental unit of the state to operate, maintain or repair any project;
(15) To receive and accept from any federal agency grants for or in aid of the construction of any project, and to receive and accept aid or contributions from any source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made;
(16) To study, investigate and evaluate and, if
feasible, develop and implement a single fee program the purpose of which is
to charge a flat fee to owners of motor vehicles registered in this state or
any other state which opts into any such program: which would produce on
an annual basis a sum of money equal to the total toll revenue received from
all West Virginia drivers on West Virginia toll roads during the Authority’s
preceding fiscal year, divided into at least three classes based upon usage,
size and number of axles Provided, That any single fee
program shall apply only to passenger motor vehicles, divided into classes
based on size and usage, and shall not apply to commercial motor vehicles. The
flat fee shall be set by the authority at a rate or amount so that the
aggregate of all toll revenues estimated to be received by the authority at the
time of fixing any such rate or amount, or any increase thereof, shall provide
sufficient toll revenues consistent with the purposes set forth in section
thirteen of this article and to cover the administrative costs of any such single
fee program. Said sum, plus an amount necessary to cover the expected costs
of such program The separate fee
shall be collected produced by adding it to either
the annual cost of vehicle registration or
of vehicle inspection a single fee equal to the proportionate share of that
vehicle owner of the total toll revenue needed to be produced from all vehicles
within that class as an additional fee payable solely to the authority
pursuant to section seventeen, article ten, chapter seventeen-a of this code. A registered motor vehicle for which such single
program fee has been paid shall be entitled to traverse all toll roads
within the state without stopping to pay individual tolls during the effective
period of said vehicle registration: or said inspection: Provided,
however, That if the single fee proposed to be charged under said program
exceeds the standard round trip toll for that vehicle over the entire length of
the West Virginia Turnpike, the Authority shall not implement such program
without the prior approval of both Houses of the Legislature Provided,
further however, That any such program may shall
also include comparable provisions which would allow vehicles registered in
other states to traverse West Virginia toll roads in like fashion to West
Virginia vehicles as set forth in this section upon the payment of a single fee
for each and every vehicle registered in such state, in accordance with the
same classification system adopted for West Virginia vehicles. The Parkways
Authority may propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code to implement
any single fee program;
(17) To enter into reciprocal toll enforcement agreements with other toll agencies in this state or in any other state or foreign country;
(17) (18)
To do all acts and things necessary or convenient to carry out the powers
expressly granted in this article; and
(18) (19)
To file the necessary petition or petitions pursuant to federal bankruptcy
laws. Title 11, United States Code, Sec. 401 (being section 81 of the
Act of Congress entitled “An act to establish a uniform system of bankruptcy
throughout the United States”, approved July 1, 1898, as amended) and to
prosecute to completion all proceedings permitted by Title 11, United States
Code, Secs. 401-403 (being sections 81 to 83, inclusive, of said Act of Congress).
The State of West Virginia hereby consents to the application of said Title 11,
United States Code, Secs. 401-403, to the Parkways Authority
(b) Nothing in this article shall be construed to prohibit the issuance of parkway revenue refunding bonds in a common plan of financing with the issuance of parkway revenue bonds.
§17-16A-10. Parkway revenue bonds, generally.
(a) The Parkways Authority is authorized to provide by
resolution for the issuance of parkway revenue bonds of the state for the
purpose of paying all or any part of the cost of one or more parkway projects. Provided,
That this section shall not be construed as authorizing the issuance of parkway
revenue bonds for the purpose of paying the cost of the West Virginia Turnpike,
which parkway revenue bonds may be issued only as authorized under section
eleven of this article The principal of and the interest on bonds shall be
payable solely from the funds provided for payment, except that:
(1) None of the proceeds of the issuance of parkway revenue bonds under this section shall be used to pay all or any part of the cost of any economic development project or tourism project;
(2) Nothing in this section shall be construed as prohibiting the Parkways Authority from issuing additional parkway revenue bonds to the extent permitted by applicable federal law for the purpose of constructing, maintaining and operating any highway constructed, in whole or in part, with money obtained from the Appalachian Regional Commission; and
(3) The authorization to issue bonds under this section is in addition to the authorization and power to issue bonds under any other section of this code.
(b) The bonds of each issue shall be dated, shall bear
interest at a rate as may be determined by the Parkways Authority in its sole
discretion, shall mature at a time not exceeding forty years from their date or
of issue as may be determined by the Parkways Authority, and may be made
redeemable before maturity, at the option of the Parkways Authority at a price
and under the terms and conditions as may be fixed by the Parkways Authority
prior to the issuance of the bonds.
(c) The Parkways Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination of the bonds and the place of payment of principal and interest, which may be at any bank or trust company or securities depository within or without the state.
(d) The bonds shall be executed by manual or facsimile signature by the chair of the Parkways Authority, and the official seal of the Parkways Authority shall be affixed to or printed on each bond, and attested, manually or by facsimile signature, by the Secretary and Treasurer of the Parkways Authority. Any coupons attached to any bond shall bear the manual or facsimile signature of the chair of the Parkways Authority.
(e) In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be an officer before the delivery of the bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until delivery. In case the seal of the Parkways Authority has been changed after a facsimile has been imprinted on the bonds, then the facsimile seal will continue to be sufficient for all purposes.
(f) All bonds issued under the provisions of this article shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the Parkways Authority may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the recorders into coupon bonds of any bonds registered as to both principal and interest.
(g) The Parkways Authority may sell the bonds at a public or private sale at a price it determines to be in the best interests of the state.
(h) The proceeds of the bonds of each issue shall be used solely for the payment of the cost of the parkway project or parkway projects for which the bonds were issued, and shall be disbursed in a manner consistent with the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds.
(i) If the proceeds of the bonds of any issue, by error of estimates or otherwise, shall be less than the cost, then additional bonds may in like manner be issued to provide the amount of the deficit. Unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the bonds, the additional bonds shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued.
(j) If the proceeds of the bonds of any issue exceed the cost of the parkway project or parkway projects for which the bonds were issued, then the surplus shall be deposited to the credit of the sinking fund for the bonds.
(k) Prior to the preparation of definitive bonds, the Parkways Authority may, under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when the bonds have been executed and are available for delivery. The Parkways Authority may also provide for the replacement of any bonds that become mutilated or are destroyed or lost.
(l) All or any portion of the proceeds of any parkway revenue bonds issued pursuant to this section may be credited to the special revenue account within the State Road Fund created in section eleven of this article. Moneys in such fund shall be used by the Division of Highways for any acquisition, construction, reconstruction, maintenance, improvement or repair of public highways and bridges in this state.
(l) (m)
Bonds may be issued under the provisions of this article without obtaining the
consent of any department, division, commission, board, bureau or agency of the
state in accordance with this article: Provided, That the Parkways
Authority shall comply with the provisions of section twenty-eight, article
one, chapter five of this code.
§17-16A-11. Parkway revenue bonds –- West Virginia Turnpike;
related projects State Road Construction Account.
(a) The Parkways Authority is authorized to provide by
resolution, at one time or from time to time, for the issuance of parkway
revenue bonds of the state in an aggregate outstanding principal amount not to
exceed, from time to time, $200 million for the purpose of paying:
(1) All or any part of the cost of the West Virginia
Turnpike, which may include, but not be limited to, an amount equal to the
state funds used to upgrade the West Virginia Turnpike to federal interstate
standards;
(2) All or any part of the cost of any one or more
parkway projects that involve improvements to or enhancements of the West
Virginia Turnpike, including, without limitation, lane-widening on the West
Virginia Turnpike and that are or have been recommended by the Parkways Authority’s
traffic engineers or consulting engineers or by both of them prior to the
issuance of parkway revenue bonds for the project or projects; and
(3) To the extent permitted by federal law, all or any
part of the cost of any related parkway project.
(b) For purposes of this section only, a “related
parkway project” means any information center, visitors’ center or rest stop,
or any combination thereof, and any expressway, turnpike, trunkline, feeder
road, state local service road or park and forest road which connects to or
intersects with the West Virginia Turnpike and is located within seventy-five
miles of the turnpike as it existed on June 1, 1989, or any subsequent
expressway, trunkline, feeder road, state local service road or park and forest
road constructed pursuant to this article: Provided, That nothing in this
section shall be construed as prohibiting the Parkways Authority from issuing
parkway revenue bonds pursuant to section ten of this article for the purpose
of paying all or any part of the cost of any related parkway project: Provided,
however, That none of the proceeds of the issuance of parkway revenue bonds
under this section shall be used to pay all or any part of the cost of any
economic development project, except as provided in section twenty-three of
this article: Provided further, That nothing in this section shall be construed
as prohibiting the Parkways Authority from issuing additional parkway revenue
bonds to the extent permitted by applicable federal law for the purpose of constructing,
maintaining and operating any highway constructed, in whole or in part, with
money obtained from the Appalachian Regional Commission as long as the highway
connects to the West Virginia Turnpike as it existed on June 1, 1989: And
provided further, That, for purposes of this section, in determining the amount
of bonds outstanding, from time to time, within the meaning of this section:
Original par amount or original stated principal amount at the time of issuance
of bonds shall be used to determine the principal amount of bonds outstanding,
except that the amount of parkway revenue bonds outstanding under this section
may not include any bonds that have been retired through payment, defeased
through the deposit of funds irrevocably set aside for payment or otherwise
refunded so that they are no longer secured by toll revenues of the West
Virginia Turnpike: And provided further, That the authorization to issue bonds
under this section is in addition to the authorization and power to issue bonds
under any other section of this code: And provided further, That, without
limitation of the authorized purposes for which parkway revenue bonds are
otherwise permitted to be issued under this section, and without increasing the
maximum principal par amount of parkway revenue bonds permitted to be
outstanding, from time to time, under this section, the Authority is
specifically authorized by this section to issue, at one time or from time to
time, by resolution or resolutions under this section, parkway revenue bonds
under this section for the purpose of paying all or any part of the cost of one
or more parkway projects that:
(1) Consist of enhancements or improvements to the
West Virginia Turnpike, including, without limitation, projects involving lane
widening, resurfacing, surface replacement, bridge replacement, bridge
improvements and enhancements, other bridge work, drainage system improvements
and enhancements, drainage system replacements, safety improvements and
enhancements, and traffic flow improvements and enhancements; and
(2) Have been recommended by the Authority’s
consulting engineers or traffic engineers, or both, prior to the issuance of
the bonds.
(c) Except as otherwise specifically provided in this
section, the issuance of parkway revenue bonds pursuant to this section, the
maturities and other details of the bonds, the rights of the holders of the
bonds, and the rights, duties and obligations of the Parkways Authority in
respect of the bonds shall be governed by the provisions of this article insofar
as the provisions are applicable.
(d) Notwithstanding any other provision of this code
to the contrary, the Authority may not issue parkway revenue bonds under this
section for projects on the West Virginia Turnpike after June 30, 2010:
Provided, That the authority may issue revenue refunding bonds pursuant to
sections twenty-one and twenty-two of this article.
(a) There is hereby created within the State Road Fund a special revenue account to be known as the State Road Construction Account held in the State Treasury to be expended by the Division of Highways for construction, maintenance and repair of public highways and bridges in this state. The State Road Construction Account created in this section is a special revenue account in the State Treasury and is not part of the state General Revenue Fund.
(b) The State Road Construction Account shall consist of:
(1) All or any portion of the proceeds of any parkway revenue bonds issued pursuant to section ten of this article that the Parkways Authority, in its discretion, may credit to the State Road Construction Account, notwithstanding any provision of section ten of this article to the contrary;
(2) Any appropriations, grants, gifts, contributions or other revenues received by the State Road Construction Account from any source; and
(3) All interest earned on moneys held in the account.
(c) In determining how the funds in the special revenue account created by this section will be expended, the Division of Highways shall give priority consideration to acquisition, construction, reconstruction, maintenance, improvement or repair of public highways and bridges in the following counties:
(1) Raleigh County;
(2) Fayette County;
(3) Wyoming County; and
(4) Mercer County.
§17-16A-11a. West Virginia Parkways Authority Single Fee Program Fund.
There is hereby created within the State Treasury a special revenue fund to be known as the West Virginia Parkways Authority Single Fee Program Fund. The fund shall consist of any fees received from owners of registered motor vehicles in the state or any other state that have opted in under any single fee program that may be created and implemented by the authority pursuant to section six of this article. Moneys held in this fund shall be used exclusively by the authority for the purposes authorized in section thirteen of this article and for administrative costs related to any single fee program implemented by the Parkways Authority under subdivision (16), subsection (a), section six of this article. The West Virginia Parkways Authority Single Fee Program Fund is a special fund in the State Treasury and is not part of the State General Revenue Fund.
§17-16A-13. Tolls, rents, fees, charges and revenues; competitive bidding on contracts.
(a)(1) The Parkways Authority is
hereby authorized to fix, revise, charge and collect tolls and fees for
the use of each parkway project and the different parts or sections thereof and
to fix, revise, charge and collect rents, fees, charges and other revenues, of
whatever kind or character, for the use of each economic development project or
tourism project, or any part or section thereof, and to contract with any
person, partnership, association or corporation desiring the use of any part
thereof, including the right-of-way adjoining the paved portion, for placing
thereon telephone, telegraph fiber optic, electric light, power
or other utility lines, gas stations, garages, stores, hotels, restaurants and
advertising signs, or for any other purpose except for tracks for railroad or
railway use, and to fix the terms, conditions, rents and rates of charges for
such use. Such tolls, rents, fees and charges shall be so fixed and adjusted in
respect of the aggregate of tolls, or in respect of the aggregate rents, fees
and charges, from the project or projects in connection with which the bonds of
any issue shall have been issued as to provide a fund sufficient with other
revenues, if any: to pay: (A) The (1)
To pay the cost of acquiring, constructing, reconstructing,
maintaining, repairing, improving and operating such project or projects
and to create reserves therefor; and (B) (2) to pay the
principal of and the interest on such bonds and related costs and expenses
as the same shall become due and payable, and to create reserves for such
purposes; and (3) to comply with any covenants under any trust agreement
securing any bonds issued by the Parkways Authority, or any predecessor
thereof, or to maintain bond credit ratings. Such tolls, rents, fees and
other charges shall not be subject to supervision or regulation by any other
commission, board, bureau, department or agency of the state. The tolls, rents,
fees, charges and all other revenues derived from the project or projects in
connection with which the bonds of any issue shall have been issued, except
such part thereof as may be necessary to pay the cost of maintenance, repair
and operation acquiring, constructing, reconstructing, maintaining, improving,
repairing and operating and to provide such reserves therefor as may be
provided in the resolution authorizing the issuance of such bonds or in the
trust agreement securing the same, shall be set aside at regular intervals as
may be provided in the resolution or the trust agreement in a sinking fund
which is hereby pledged to, and charged with, the payment of: (i) The interest
upon the bonds as such interest shall fall due; (ii) the principal of the bonds
as the same shall fall due; (iii) the necessary charges of paying agents and
trustees for paying principal and interest; and (iv) the redemption price
or the purchase price of bonds retired by call or purchase as therein provided.
The use and disposition of moneys to the credit of such sinking fund shall be
subject to the provisions of the resolution authorizing the issuance of the
bonds or of the trust agreement. Except as may otherwise be provided in the
resolution or the trust agreement, such sinking fund shall be a fund for all
bonds without distinction or priority of one over another. The moneys in the
sinking fund, less such reserve as may be provided in the resolution or trust
agreement, if not used within a reasonable time for the purchase of bonds for
cancellation as above provided, shall be applied to the redemption of bonds at
the redemption price then applicable.
(2)(A) In fiscal year one thousand nine
hundred ninety-eight, after the parkways authority has met or provided for the
satisfaction of each requirement imposed by the provisions of subdivision (1)
of this subsection, the parkways authority shall pay two hundred fifty thousand
dollars to the Hatfield-McCoy regional recreation authority from any remaining
balance of revenues received from economic development projects and tourism
projects.
(B) Upon the effective date of this
act, the parkways authority shall seek authorization from the federal highway
administration, the state Department of Transportation and the trustee under
any trust indenture or agreement existing as the result of the issuance of any
revenue bonds under the provisions of this article to issue additional revenue
bonds in a total amount not to exceed six million dollars for the purpose of
funding projects of the Hatfield-McCoy regional recreation authority. Upon the
agreement of all of such entities that the parkways authority be authorized to
do so, as certified to the parkways authority, the Governor and the Joint
Committee on Government and Finance, the parkways authority is authorized to
issue additional revenue bonds in a total amount not to exceed six million
dollars. The proceeds of the revenue bonds shall be used to fund projects of
the Hatfield-McCoy regional recreation authority. Each issuance of such revenue
bonds and the application of the proceeds thereof shall be subject to each
condition, restriction or other provision of this article applicable to the
issuance of parkway revenue bonds. In the event the agreement is not certified
as required by this subsection, and until the same is certified, the parkways authority
shall pay two hundred fifty thousand dollars to the Hatfield-McCoy regional
recreation authority in the fiscal year ending the thirtieth day of June, two
thousand, and in each fiscal year thereafter, for a total of nine consecutive
years, for the purpose of funding projects of the Hatfield-McCoy regional
recreation authority. These amounts shall be paid in quarterly installments
from remaining balances in each fiscal year of revenues received from economic
development projects and tourism projects as determined in the manner provided
in paragraph (A) of this subdivision.
(b) The Parkways Authority shall cause, as soon as it is legally able to do so, all contracts to which it is a party and which relate to the operation, maintenance or use of any restaurant, motel or other lodging facility, truck and automobile service facility, food vending facility or any other service facility located along the West Virginia Turnpike, to be renewed on a competitive bid basis. All contracts relating to any facility or services entered into by the Parkways Authority with a private party with respect to any project constructed after the effective date of this legislation shall be let on a competitive bid basis only. If the Parkways Authority receives a proposal for the development of a project, except for a parkway project, such proposal shall be made available to the public in a convenient location in the county wherein the proposed facility may be located. The Parkways Authority shall publish a notice of the proposal by a Class I legal advertisement in accordance with the provisions of article three, chapter fifty-nine of this code. The publication area shall be the county in which the proposed facility would be located. Any citizen may communicate by writing to the Parkways Authority his or her opposition to or approval to such proposal within a period of time not less than forty-five days from the publication of the notice. No contract for the development of an economic development project or a tourism project may be entered into by the Parkways Authority until a public hearing is held in the vicinity of the location of the proposed economic development project or tourism project with at least twenty days’ notice of such hearing by a Class I publication pursuant to section two of said article. The Parkways Authority shall make written findings of fact prior to rendering a decision on any such proposed project. All studies, records, documents and other materials which are considered by the Parkways Authority in making such findings shall be made available for public inspection at the time of the publication of the notice of public hearing and at a convenient location in the county where the proposed economic development project or tourism project may be located. The Parkways Authority shall promulgate rules in accordance with chapter twenty-nine-a of this code for the conduct of any hearing required by this section. Persons attending any such hearing shall be afforded a reasonable opportunity to speak and be heard on the proposed economic development project or tourism project.
§17-16A-13a. Public
notice and hearing meeting requirements.
(a) Notwithstanding any provision of the
law to the contrary, on and after July 1, 2010 the effective date of
the amendment and reenactment of this section in the year 2017, the Parkways
Authority is authorized after prior public notice and hearing meeting,
as set forth in this section, to:
(1) Fix initial rates, tolls or charges along any portion of a parkway project and fix fees for any single fee program implemented in accordance with section six of this article including, without limitation, fixing initial rates, tolls or charges that may be subject to adjustment or escalation from time to time, or approve any proposal or contract that would require the Parkways Authority to fix any initial rates, tolls or charges along any portion of a parkway project or any fees under any single fee program;
(2) Increase any rates, tolls or charges along any portion of the parkway project, increase fees for any single fee program implemented in accordance with section six of this article, or approve any proposal or contract that would result in or require an increase in any rates or tolls along any portion of the parkway project or any fees under any single fee program;
(3) Issue any parkway revenue bond pursuant to section ten of this article or any parkway revenue refunding bond pursuant to sections twenty-one and twenty-two of this article which would require the Parkways Authority to increase or adjust rates, tolls, fees under any single fee program, or charges whether at the time of issuance of the bonds or at any time during the term of any bonds;
(4) Approve any contract or project which would require or result in an increase in the rates, tolls or charges along any portion of the parkway project or fees under any single fee program implemented in accordance with section six of this article; or
(5) Take any other action which would require or result in an increase in the rates, tolls or charges along any portion of the parkway project or fees under any single fee program implemented in accordance with section six of this article.
(b) The Parkways Authority shall publish
notice of any proposed contract, project or bond which would require the
Parkways Authority to fix any initial toll rates or charges or fees or
result in an increase of any toll rates or charges or fees, or extend
any bond repayment obligation along with the associated initial rate or
fee and rate or fee increase, or revised bond repayment period
by a Class II legal advertisement in accordance with the provisions of article
three, chapter fifty-nine of this code, published and of general circulation in
each county which borders the parkway project or proposed parkway project
affected by the proposed contract, project or bond.
(c) Once notice has been provided in
accordance with the provisions of this section, the Parkways Authority shall
conduct a public hearing in each county which borders the parkway project or
proposed parkway project affected by the proposed contract, project or bond,
and any at least one public meeting at a reasonable time and location in
any county which borders the parkway project or proposed parkway project
affected by the proposed contract, project or bond, to allow interested members
of the public an opportunity to ask questions and give written comments during
the meeting respecting the proposed contract, project or bond which would
require the Parkways Authority to fix any initial toll rates or charges or fees
or result in an increase of any toll rates or charges or fees. Any citizen
may also communicate by writing to the Parkways Authority his or her
opposition to or approval of such proposal, initial rate or toll or fee,
rate or toll or fee increase or amended bond terms. The public notice
and written public comment period shall be conducted not less than forty-five
days from the publication of the notice and the affected public must be
provided with at least twenty days’ notice of each any scheduled
public hearing meeting.
(d) All studies, records, documents and
other materials which were considered by the Parkways Authority before
recommending the approval of any such project or recommending the adoption of
any such initial rate or increase shall be made available for public inspection
for a period of at least twenty days prior to the scheduled hearing meeting
at a convenient location in each county where a public hearing meeting
is held or online.
(e) At the conclusion of all required
public hearings, the Parkways Authority shall render a final decision which
shall include written findings of fact supporting its final decision on any
proposed project which would result in or require initial rates, a rate
increase, or prior to finally approving any proposed initial rate or toll or
rate or toll increase, and such required findings and conclusions must
reference and give due consideration to the public comments and additional
evidence offered during the public hearings.
(f)
(e) On and after July 1, 2010, any Any final action taken
by the Parkways Authority to approve or implement any proposed initial rate or
fee, rate or fee increase, contract or project which would require
or result in a proposed initial rate or toll or fee or a proposed
increase of any rate or tolls along any portion of the a parkway
project or fee for any single fee program without first satisfying the
public notice and hearing meeting requirements of this section,
shall be null and void.
§17-16A-18. Cessation
of tolls Corridor L toll fees authorized; commuter pass.
(a) Except as provided herein, when all bonds issued
under the provisions of this article in connection with any parkway project or
projects and the interest thereon shall have been paid or a sufficient amount
for the payment of all such bonds and the interest thereon to the maturity
thereof shall have been set aside in trust for the benefit of the bondholders,
such project or projects, if then in good condition and repair to the
satisfaction of the Commissioner of the state Division of Highways, shall be transferred
to the state Division of Highways and shall thereafter be maintained by the
state Division of Highways free of tolls.
(b) No later than February 1, 1990, the
parkways authority shall discontinue, remove and not relocate all toll
collection facilities on the West Virginia Turnpike as the same existed on June
1, 1989, except for the three main toll barriers and collection facilities and,
provided solely that the provisions of section eighteen-a are complied with,
the toll collection facilities at the intersection of U.S. Route 19 (Corridor “L”)
and said turnpike.
(a) The Parkways Authority is hereby authorized to operate the currently existing toll collection facility located at the interchange of U. S. Route 19 (Corridor L) and to fix, revise, charge and collect tolls for the use of such toll collection facility in accordance with the provisions of section thirteen of this article. Any proposed increase of any rate or toll for use of the toll collection facility located at Corridor L shall be subject to the public notice and meeting requirements of section thirteen-a of this article.
(1) The Parkways Authority shall maintain, advertise, implement and otherwise make generally available to all qualified members of the public, resident or nonresident, a system of commuter passes, in a form to be determined by the authority. Applications for these commuter passes are to be made available by the Parkways Authority to Division of Motor Vehicles offices in the state;
(2) The system of commuter passes implemented in accordance with the provisions of subdivision (1), subsection (a) of this section, shall be available only for use when operating or traveling in a Class A motor vehicle as herein defined. Any person who knowingly or intentionally utilizes any commuter pass issued in accordance with this section while operating a vehicle other than a Class A motor vehicle, as herein defined, at the U. S. Route 19 (Corridor L) turnpike toll facility, or any other toll facility at or upon which such pass may later be usable, is guilty of a misdemeanor and, for every such offense, upon conviction thereof, shall be punished in accordance with the provisions of section seventeen, article sixteen-a of this chapter; and the Parkways Authority shall hereafter be authorized and empowered to cancel any such commuter pass or passes improperly used in accordance with this section;
(3) For the purpose of this section, a “Class A vehicle” shall be defined as a motor vehicle of passenger type and truck with a gross weight of ten thousand pounds or less and registered or eligible for registration as a Class A vehicle in accordance with section one, article ten, chapter seventeen-a of this code as the same is currently constituted; and
(4) Notwithstanding any other provisions of this code to the contrary, the Parkways Authority may not promulgate emergency rules in accordance with section fifteen, article three, chapter twenty-nine-a of this code to increase or decrease tolls, “single program” fees or the commuter pass fee established herein.
(b) Nothing in this section is to be construed to apply to, regulate or in any manner affect the operation of the three main line toll barriers and toll collection facilities currently located on the West Virginia Turnpike and operated by the Parkways Authority as Barrier A, Barrier B and Barrier C (I-64, I-77).
§17-16A-21. Parkway revenue refunding bonds, generally.
The Parkways Authority is hereby
authorized to provide by resolution for the issuance of parkway revenue
refunding bonds of the state for the purpose of refunding any bonds then
outstanding which shall have been issued or may be issued under the
provisions of this article in connection with the construction of any
parkway project, including the payment of any redemption premium thereon
and any interest accrued or to accrue to the date of redemption of such bonds;
and, if deemed advisable by the Parkways Authority, for the additional purpose
of constructing improvements, extensions or enlargements of the project or
projects in connection with which the bonds to be refunded shall have been
issued: Provided, That this section shall not be construed as authorizing
the issuance of parkway revenue refunding bonds for the purpose of refunding
any bonds then outstanding which shall have been issued under the provisions of
this article, or any predecessor thereof, in connection with the construction
of the West Virginia Turnpike, which revenue refunding bonds may be issued only
as authorized under section twenty-two of this article. The issuance of such
bonds, the maturities and other details thereof, the rights of the holders
thereof and the rights, duties and obligations of the Parkways Authority in
respect of the same shall be governed by the provisions of this article insofar
as the same may be applicable. After the effective date of the amendments to
this article enacted by the Legislature during the regular session in two
thousand six, no issuance of a refunding bond may extend the maturity date of
such bond being refunded and may not exceed the outstanding principal of such
bond being refunded. Any refunding bond issued after the effective date of the
amendments to this article enacted by the Legislature during the regular
session in two thousand six shall be structured to provide for approximately
level annual debt service savings each fiscal year through the final maturity
or structured to approximate the level of debt service that would have been
paid prior to the refunding, with a preponderance of the savings being deferred
toward eliminating or reducing the most distant maturities. For purposes of
this section, the outstanding principal is to be determined as of the date on
which the revenue bond is refinanced.
§17-16A-22. Parkway revenue refunding bonds—West Virginia Turnpike.
The Parkways Authority is hereby
authorized to provide by resolution for the issuance of parkway revenue
refunding bonds of the state in an aggregate principal amount not to exceed
$60,000,000 for the purpose of refunding any bonds which shall have been
issued under this article, or any predecessor thereof, in connection with the
construction of the West Virginia Turnpike, including the payment of any
redemption premium thereon and any interest accrued or to accrue to the date of
redemption of such bonds, and, to the extent permissible under federal law and
if deemed advisable by the parkways authority Parkways Authority,
for repaying to the state all or any part of the state funds used to upgrade
the West Virginia Turnpike to federal interstate standards: Provided, That
any proceeds derived from the issuance of such bonds which are used on any
parkway project other than the West Virginia Turnpike must be used solely on
parkway projects: (i) Which are either connected to or intersect with the West
Virginia Turnpike and are within seventy-five air miles of said turnpike as it
exists on the first day of June, one thousand nine hundred eighty-nine, or any
subsequent expressway, trunkline, turnpike, feeder road, state local service
road or park and forest road constructed pursuant to this article; and (ii)
which involve the upgrading or addition of interchanges, the construction of expressways
or feeder roads, or the upgrading or construction of information centers,
visitors’ centers, rest stops or any combination thereof: Provided, however
That none of the proceeds of the issuance of parkway revenue refunding bonds
issued under this section shall be used to pay all or any part of the cost of
any economic development project or tourism project. Except as otherwise
specifically provided in this section, the issuance of parkway revenue
refunding bonds pursuant to this section, the maturities and other details
thereof, the rights of the holders thereof, and the rights, duties and
obligations of the parkways authority in respect of the same, shall be governed
by the provisions of this article insofar as the same may be applicable.
After the effective date of the
amendments to this article enacted by the Legislature during the regular
session in two thousand six, no issuance of a refunding bond may extend the
maturity date of such bond being refunded and may not exceed the outstanding
principal of such bond being refunded. Any refunding bond issued after the
effective date of the amendments to this article enacted by the Legislature
during the regular session in two thousand six shall be structured to provide
for approximately level annual debt service savings each fiscal year through
the final maturity or structured to approximate the level of debt service that
would have been paid prior to the refunding, with a preponderance of the
savings being deferred toward eliminating or reducing the most distant
maturities. For purposes of this section, the outstanding principal is to be
determined as of the date on which the revenue bond is refinanced
§17-16A-29. Discount program for purchasers of West Virginia EZ Pass transponders.
(a) The Parkways Authority is hereby
authorized to create a discount program for purchasers of West Virginia EZ Pass
transponders: Provided, That prior to the fixation of any initial rates,
tolls or charges or any increase in any rates, tolls or charges along any
portion of the parkway project, the Parkways Authority shall may
create a discount program for purchasers of West Virginia EZ Pass transponders.
Any discount program created pursuant to this section shall provide discounts
for each class of motor vehicles: Provided, however, That
any single fee program implemented by the authority pursuant to subdivision
(16), subsection (a), section six of this article shall apply only to passenger
motor vehicles.
(b) The Authority shall provide public
notice and hold a public hearings meeting on any proposed
discount program as required in section thirteen-a of this article prior to
implementation of such program.
(c) Annually, the Parkways Authority
shall hold at least one public informational session in each of the following
counties: Kanawha, Fayette, Raleigh and Mercer counties. The Authority is to
distribute educational materials and other information concerning the discount
program for purchasers of West Virginia EZ Pass transponders described in this
section.
(d) Upon the effective date of the
amendments to this section enacted during the regular session of the
Legislature in the year 2010, the Authority shall make available West Virginia
EZ Pass transponders to the public without the payment of any monetary security
deposit. The Authority shall credit any individual that has paid a security
deposit for a West Virginia EZ Pass transponder prior to July 1, 2010, on the
individual’s next billing statement
(e)
(c) For purposes of this section, a “West Virginia EZ Pass transponder”
means a device issued sold by the Parkways Authority which allows
the purchaser to attach the device to his or her motor vehicle and travel
through a Parkways Authority toll facility and be billed for such travel
by the authority.
ARTICLE 16D. ELECTRONIC TOLL COLLECTION.
§17-16D-3. Electronic toll collection authorized.
Notwithstanding the
provisions of article sixteen-a and section five-b, article seventeen-a of this
chapter and section seven-a, article six, chapter seventeen-c of this code to
the contrary, the collection and enforcement of tolls for the use of roads, highways
and bridges may be accomplished by electronic toll collection as provided in
this article and in rules promulgated by authority of this article. Provided,
That the application of this article should not apply to
(1) Future
highway construction provided for in the Division of Highways’ Statewide
Transportation Improvement Plan at the time of the enactment of this article;
and
(2) Existing
toll roads: Provided, That this section
may not be construed to prohibit the collection and enforcement of tolls
pursuant to article sixteen-a, chapter seventeen of this code
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE AND ANTITHEFT PROVISIONS.
ARTICLE 2. DIVISION OF MOTOR VEHICLES.
§17A-2-25. Agreements with West Virginia Parkways Authority.
The division is hereby authorized, directed and empowered to enter into all necessary agreements with the West Virginia Parkways Authority that will permit the division to collect, as agent for and on behalf of the said Parkways Authority, all road user fees imposed by such authority under subdivision (8), subsection (a), section six, article sixteen-a, chapter seventeen of this code, or any other applicable section of its enabling legislation, and thereafter, to deposit all such road user fees collected by the division, in its capacity as collection agent, in the State Treasury and credited to the West Virginia Parkways Authority Single Fee Program Fund established within the West Virginia Parkways Authority for single user fees in accordance with section eleven-a, article sixteen-a, chapter seventeen of this code.
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.
§17A-3-7. Grounds for refusing registration or certificate of title.
The division shall refuse registration or issuance of a certificate of title or any transfer of registration upon any of the following grounds:
(1) That the application contains any false or fraudulent statement or that the applicant has failed to furnish required information or reasonable additional information requested by the division or that the applicant is not entitled to the issuance of a certificate of title or registration of the vehicle under this chapter;
(2) That the applicant fails to present a statement of insurance or proof of other security as required pursuant to the provisions of section three of this article;
(3) That the vehicle is mechanically unfit or unsafe to be operated or moved upon the highways;
(4) That the division has reasonable grounds to believe that the vehicle is a stolen or embezzled vehicle or that the granting of registration or the issuance of certificate of title would constitute a fraud against the rightful owner or other person having a valid lien upon such vehicle;
(5) That the registration of the vehicle stands suspended or revoked for any reason as provided in the motor vehicle laws of this state;
(6) That the
required fee has not been paid; or
(7) That the vehicle is operated by a commercial motor carrier who has failed to provide a federal motor carrier identification number (USDOT number) or whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration; or
(8) That any road user fee due under a single fee program imposed by the West Virginia Parkways Authority has not been paid.
ARTICLE 10. FEES FOR REGISTRATION, LICENSING, ETC.
§17A-10-17. Fee for West Virginia Parkways Authority Single Fee Program.
In addition to each fee provided in this article, an additional fee for any single fee program that may be implemented by the West Virginia Parkways Authority pursuant to section six, article sixteen-a, chapter seventeen of this code shall be payable upon the issuance of each certificate of registration and renewal thereof issued pursuant to article three of this chapter. All money collected by the division, as collection agent for the authority under this section, shall be deposited in a special fund in the State Treasury and credited to the West Virginia Parkways Authority Single Fee Program Fund established within the West Virginia Parkways Authority for single user fees in accordance with section eleven-a, article sixteen-a, chapter seventeen of this code. The additional fee provided herein may be imposed for each application for such certificate and renewal thereof made on or after July 1, 2017.
NOTE: The purpose of this bill is to grant authority to the Parkways Authority to issue revenue bonds and refunding bonds for the purpose of financing parkway projects within the state constructed or improved by the Department of Transportation or the authority or refunding bonds issued in connection with any parkway project, to clarify notice and public meeting requirements and procedures for fixing or increasing tolls or fees, to study and implement, if feasible, a single fee program, and to authorize electronic toll collection as a method of collecting and enforcing any tolls that may be charged for transit over any parkway project.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
